24. On 12 September 2019, the Complainants submitted their arguments on the
merits which were transmitted to the State by note verbal
dated 11 October
2019.
25. By Letters and Note Verbales dated 3 January and 12 March 2020, the
Secretariat informed the parties that the Commission had decided to defer its
decision on the merits to a later Session pending the State's submissions which
were due on 7 April 2020.
26. The State has yet to submit its arguments and has not requested any additional
time for submission.
27. After the 68m Ordinary Session held virtually from 14 April to 4 May 2021, the
parties to the Communication were informed by letter and Note Verbals, that
the Commission has decided to draft a decision on the basis of the elements in
its possession, given that the Respondent State has not yet submitted its
arguments on the merits.
THE LAW
Admissibility
The Complainants' submissions on Admissibility:
28. The Complainants maintain that the Communication must be declared
admissible on grounds that it fulfils all the requirements stipulated under
Article 56 of the African Charter.
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29. At the outset, they emphasis
that it is important to note that for the
Commission to be seized of the Communication, the Complainants must
present a case that meets the prinmfncie conditions set out in Article 56(5).!
30. The Complainants maintain that the domestic remedies are not available,
effective or sufficient since there are no sufficient domestic remedies in the
'Communication 71m Rcnconlre Africainc pour la Defense des Dross do l'Homme v/ Zambia ( I996) ACHPR para 10 ;
Communication 368/09 - Abdel Hadi, Ali Rudi] and others v/ Republic of Sudan ( 2013) ACHPR para 44:
Communication 413/12 David Mendes (represented bl/ the University of Pretoria Iluniim Rights Cvutre) v/ Angola
(2013) ACHPR Para 52; Communication 155/96
Social Economic Riglrts../\¢rlion Cenln: (SERAC) and Centro for
Economic and Social Rights (CESR) v/ Nigeria (2001) ACHPR pa ra.38.
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